SCHOOL+BD.+OF+NASSAU+COUNTY+V.+ARLINE

Mary Bryson, Tiffany Thompson, Whitney Harris School Board of Nassau County, Florida vs. Arline plaintiff-Arline defendant-School Board of Nassau County United States Court of Appeals Argued- Dec. 3, 1986 Decided- March 3, 1987

Background: Gene Arline was dismissed from teaching by the superintendent of Nassau County, Florida, when it became clear that his tuberculosis was reoccuring. It is a contagious disease. Arline did not recieve financial relief. He argued that this violated the Section 504 of the Rehabilitation Act of 1973. The school said the Act didn't classify illnesses as handicaps, but the court reversed it.

Decision and Ratioanle: The court decided that since she was 'otherwise qualified,' that she would be eligible for handicapped benefits. Since the tuberculosis was contagious and also had physical effects on Arline, the Department of Health of Human Services said she qualified as handicapped.

Impact on Teaching: This will help anyone who ends up in Arline's position. It is helpful to the teacher because the disease caused him not to be able to work. So someone who may not be what we consider 'handicapped' but who does have an illness that causes them not to be able to work but they are 'otherwise qualified', will now qualify for the Secion 504 of the Rehabilitation Act of 1973.

Quiz Question: Does Section 504 of the Rehabilitation Act of 1973 extend relief to people who have a contagious disease? YES